Special Local Regulations; Perrysburg Regatta, Maumee River, Toledo, OH, 58575-58577 [2021-23121]
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Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations
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
special local regulation lasting only 4
hours that will prohibit entry within a
2 mile segment of the American River
and Sacramento River. It is categorically
excluded from further review under
paragraph [L61] 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 contact 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T1199–0697 to read as
follows:
■
§ 100.T1199–0697 Special Local
Regulation; Sacramento Ironman Triathlon;
American River and Sacramento River,
Sacramento, CA
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BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2021–0761]
RIN 1625–AA08
Special Local Regulations; Perrysburg
Regatta, Maumee River, Toledo, OH
Coast Guard, DHS.
Temporary final rule.
The Coast Guard will enforce
a special local regulation for the
Perrysburg Regatta from 7:30 a.m.
through 3:30 p.m. on October 23, 2021
to provide for the safety of life on
navigable waterways during this event.
Our regulation for marine events within
the Ninth Coast Guard District identifies
the regulated area for this event in
Toledo, OH. During the enforcement
period, the operator of any vessel in the
regulated area must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
DATES: This regulation will be enforced
from 7:30 a.m. through 3:30 p.m. on
October 23, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0761 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
1. The authority citation for Part 100
continues to read as follows:
(a) Regulated area. The regulations in
this section apply to the following area:
All waters of the American River and
Sacramento River from Township 9 Park
to Tower Bridge.
(b) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
Jkt 256001
[FR Doc. 2021–23026 Filed 10–21–21; 8:45 am]
ACTION:
■
16:20 Oct 21, 2021
Dated: October 15, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
AGENCY:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
VerDate Sep<11>2014
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector San Francisco or their
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 69 or
phone at 1–415–399–3547. Those in the
regulated area must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners.
(c) Enforcement period. This section
will be enforced on October 24, 2021,
from 6 a.m. to 10 a.m.
PO 00000
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58575
If
you have questions on this rule, call or
email MST3 John Angotti, Waterways
Department, Marine Safety Unit Toledo,
Coast Guard; telephone (419) 418–6056,
email john.t.angotti@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
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 we
must establish this special local
regulation by October 23, 2021.
Delaying the effective date of this
regulation for a comment period to run
would be contrary to the public interest
and impractical because it would inhibit
the Coast Guard’s ability to protect
spectators and vessels from the potential
safety hazards associated with a marine
regatta.
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 regulation would be contrary to the
rule’s objectives of protecting the safety
of the public and property on the
navigable waters in the vicinity of the
regatta.
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 Perrysburg Regatta
starting October 23, 2021, would be a
safety concern for anyone navigating
within the Maumee River, Toledo, OH.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation from 7:30 a.m.
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Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations
through 3:30 p.m. on October 23, 2021.
In light of the aforementioned hazards,
the COTP has determined that a special
local regulation is necessary to protect
spectators, vessels, and participants.
The special local regulation will
encompass the following waterway: All
waters of the Maumee River, Toledo OH
between 200 feet off of the left
descending bank and between the
following two points: The first point is
drawn from position 41°39′45.9″ N,
083°30′37.9″ W (NAD 83); the second
point, to the south, is drawn from
position 41°38′06.4″ N, 083°31′60.0″ W
(NAD 83). During the period of
enforcement, no vessels may enter,
transit through, or anchor within the
regulated area without the permission of
the COTP or an on-scene representative.
The COTP or a designated on-scene
representative will notify the public of
the enforcement of this rule by all
appropriate means, including a
Broadcast Notice to Mariners.
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.
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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, duration,
and time-of-day of the special local
regulation. Vessel traffic will be able to
safely transit around this regulated area,
which would impact a small designated
area of the Maumee River for 6 hours in
an area where 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
VerDate Sep<11>2014
16:20 Oct 21, 2021
Jkt 256001
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 area 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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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 special local
regulation lasts 6 hours and will limit
entry within the navigable waters of the
Maumee River, Toledo, OH. 200 feet off
of the left descending bank and between
the following two points: The first point
is drawn from position 41°39′45.9″ N,
083°30′37.9″ W (NAD 83); the second
point, to the south, is drawn from
position 41°38′06.4″ N, 083°31′60.0″ W
(NAD 83). It is categorically excluded
from further review under paragraph
L[61] 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
E:\FR\FM\22OCR1.SGM
22OCR1
Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations
jeopardizing the safety or security of
people, places or vessels.
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 33 CFR Part 100
40 CFR Part 52
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, waterways, Security
measures.
[EPA–R05–OAR–2021–0256; FRL–8692–02–
R5]
Air Plan Approval; Wisconsin;
Attainment Plan for the Rhinelander
SO2 Nonattainment Area
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR 100 as follows:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
PART 100—SPECIAL LOCAL
REGULATIONS; PERRYSBURG
REGATTA, TOLEDO, OH
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C.70041; 33 CFR 1.05–
1.
2. Add § 100.T05–911 to read as
follows:
■
§ 100.T05–911 Special Local Regulations;
Perrysburg Regatta, Maumee River, Toledo,
OH
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(a) Location. This special local
regulation lasts 6 hours and will limit
entry within the navigable waters of the
Maumee River, Toledo, OH. 200 feet off
of the left descending bank and between
the following two points: The first point
is drawn from position 41°39′45.9″ N,
083°30′37.9″ W (NAD 83); the second
point, to the south, is drawn from
position 41°38′06.4″ N, 083°31′60.0″ W
(NAD 83).
(b) Enforcement period. The
regulation will be enforced from 7:30
a.m. through 3:30 p.m. on October 23,
2021. The Captain of the Port Detroit
will announce specific enforcement
periods by Broadcast Notice to Mariners
(BNM).
(c) Regulations. (1) In accordance with
the general regulations in § 100.911(b),
no vessel may enter, transit through, or
anchor within the regulated area
without the permission of the COTP or
a designated on-scene representative.
(2) Vessel operators desiring to enter
or operate within the regulated area
shall contact the Coast Guard Patrol
Commander to obtain permission to do
so. Vessel operators given permission to
enter or operate within the regulated
area must comply with all directions
given to them by the Coast Guard Patrol
Commander.
Dated: October 18, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2021–23121 Filed 10–21–21; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
16:20 Oct 21, 2021
Jkt 256001
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revision
submitted by Wisconsin on March 29,
2021, which amends a SIP submission
previously submitted to EPA on January
22, 2016, and supplemented on July 18,
2016 and November 29, 2016, for
attaining the 1-hour sulfur dioxide (SO2)
primary national ambient air quality
standard (NAAQS) for the Rhinelander
SO2 nonattainment area. This plan
(herein referred to as Wisconsin’s
Rhinelander SO2 plan or plan) includes
Wisconsin’s attainment demonstration
and other elements required under the
Clean Air Act (CAA). In addition to an
attainment demonstration, the plan
addresses the requirement for meeting
reasonable further progress (RFP)
toward attainment of the NAAQS,
reasonably available control measures
and reasonably available control
technology (RACM/RACT), and
contingency measures. This action
supplements a prior action which found
that Wisconsin had satisfied emission
inventory and new source review (NSR)
requirements for this area, but had not
met requirements for the elements
approved here. In this action, EPA
concludes that Wisconsin has
appropriately demonstrated that the
plan provisions provide for attainment
of the 2010 1-hour primary SO2 NAAQS
in the Rhinelander SO2 nonattainment
area and that the plan meets the other
applicable requirements under the CAA.
EPA proposed to approve this action on
July 22, 2021, and received no adverse
comments.
DATES: This final rule is effective on
December 31, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2021–0256. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
SUMMARY:
PO 00000
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58577
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Abigail
Teener, Environmental Engineer, at
(312) 353–7314 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Abigail Teener, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–7314, teener.abigail@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
Following the promulgation in 2010
of a 1-hour primary SO2 NAAQS, on
August 5, 2013, EPA designated the
Rhinelander area within the State of
Wisconsin as nonattainment for this
NAAQS, in conjunction with
designating multiple areas in other
states as nonattainment (78 FR 47191).
Wisconsin submitted a nonattainment
plan for the Rhinelander area on January
22, 2016, and supplemented it on July
18, 2016, and November 29, 2016. On
March 23, 2021, EPA partially approved
and partially disapproved Wisconsin’s
Rhinelander SO2 plan as submitted and
supplemented in 2016 (86 FR 15418).
EPA approved the base-year emissions
inventory and affirmed that the new
source review requirements for the area
had previously been met (79 FR 60064,
October 6, 2014). EPA also approved the
SO2 emission limit for AhlstromMunksjo¨’s Rhinelander facility
(Ahlstrom-Munksjo¨) (formerly Expera
Specialty Solutions LLC (Expera)) as
SIP-strengthening. At that time, EPA
disapproved the attainment
demonstration for failing to comply
with EPA’s stack height regulations.
Additionally, EPA disapproved the plan
for failing to meet the requirements for
RFP toward attainment of the NAAQS,
RACM/RACT, emission limitations and
control measures, as necessary to attain
the NAAQS, and contingency measures.
On March 29, 2021, Wisconsin
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]]>Agencies
[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Rules and Regulations]
[Pages 58575-58577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23121]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2021-0761]
RIN 1625-AA08
Special Local Regulations; Perrysburg Regatta, Maumee River,
Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a special local regulation for
the Perrysburg Regatta from 7:30 a.m. through 3:30 p.m. on October 23,
2021 to provide for the safety of life on navigable waterways during
this event. Our regulation for marine events within the Ninth Coast
Guard District identifies the regulated area for this event in Toledo,
OH. During the enforcement period, the operator of any vessel in the
regulated area must comply with directions from the Patrol Commander or
any Official Patrol displaying a Coast Guard ensign.
DATES: This regulation will be enforced from 7:30 a.m. through 3:30
p.m. on October 23, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0761 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 on this rule,
call or email MST3 John Angotti, Waterways Department, Marine Safety
Unit Toledo, Coast Guard; telephone (419) 418-6056, 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 we must establish this special local
regulation by October 23, 2021. Delaying the effective date of this
regulation for a comment period to run would be contrary to the public
interest and impractical because it would inhibit the Coast Guard's
ability to protect spectators and vessels from the potential safety
hazards associated with a marine regatta.
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 regulation would be contrary to the rule's objectives of
protecting the safety of the public and property on the navigable
waters in the vicinity of the regatta.
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
Perrysburg Regatta starting October 23, 2021, would be a safety concern
for anyone navigating within the Maumee River, Toledo, OH.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from
7:30 a.m.
[[Page 58576]]
through 3:30 p.m. on October 23, 2021. In light of the aforementioned
hazards, the COTP has determined that a special local regulation is
necessary to protect spectators, vessels, and participants. The special
local regulation will encompass the following waterway: All waters of
the Maumee River, Toledo OH between 200 feet off of the left descending
bank and between the following two points: The first point is drawn
from position 41[deg]39'45.9'' N, 083[deg]30'37.9'' W (NAD 83); the
second point, to the south, is drawn from position 41[deg]38'06.4'' N,
083[deg]31'60.0'' W (NAD 83). During the period of enforcement, no
vessels may enter, transit through, or anchor within the regulated area
without the permission of the COTP or an on-scene representative. The
COTP or a designated on-scene representative will notify the public of
the enforcement of this rule by all appropriate means, including a
Broadcast Notice to Mariners.
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, duration, and time-of-day of the special local regulation.
Vessel traffic will be able to safely transit around this regulated
area, which would impact a small designated area of the Maumee River
for 6 hours in an area where 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
area 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 special local
regulation lasts 6 hours and will limit entry within the navigable
waters of the Maumee River, Toledo, OH. 200 feet off of the left
descending bank and between the following two points: The first point
is drawn from position 41[deg]39'45.9'' N, 083[deg]30'37.9'' W (NAD
83); the second point, to the south, is drawn from position
41[deg]38'06.4'' N, 083[deg]31'60.0'' W (NAD 83). It is categorically
excluded from further review under paragraph L[61] 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
[[Page 58577]]
jeopardizing the safety or security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, waterways, Security measures.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 100 as follows:
PART 100--SPECIAL LOCAL REGULATIONS; PERRYSBURG REGATTA, TOLEDO, OH
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C.70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-911 to read as follows:
Sec. 100.T05-911 Special Local Regulations; Perrysburg Regatta,
Maumee River, Toledo, OH
(a) Location. This special local regulation lasts 6 hours and will
limit entry within the navigable waters of the Maumee River, Toledo,
OH. 200 feet off of the left descending bank and between the following
two points: The first point is drawn from position 41[deg]39'45.9'' N,
083[deg]30'37.9'' W (NAD 83); the second point, to the south, is drawn
from position 41[deg]38'06.4'' N, 083[deg]31'60.0'' W (NAD 83).
(b) Enforcement period. The regulation will be enforced from 7:30
a.m. through 3:30 p.m. on October 23, 2021. The Captain of the Port
Detroit will announce specific enforcement periods by Broadcast Notice
to Mariners (BNM).
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.911(b), no vessel may enter, transit through, or anchor
within the regulated area without the permission of the COTP or a
designated on-scene representative.
(2) Vessel operators desiring to enter or operate within the
regulated area shall contact the Coast Guard Patrol Commander to obtain
permission to do so. Vessel operators given permission to enter or
operate within the regulated area must comply with all directions given
to them by the Coast Guard Patrol Commander.
Dated: October 18, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2021-23121 Filed 10-21-21; 8:45 am]
BILLING CODE 9110-04-P
