Special Local Regulations; Perrysburg Regatta, Maumee River, Toledo, OH, 58575-58577 [2021-23121]

Download as PDF 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 lotter on DSK11XQN23PROD with RULES1 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 Frm 00017 Fmt 4700 Sfmt 4700 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. E:\FR\FM\22OCR1.SGM 22OCR1 58576 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. lotter on DSK11XQN23PROD with RULES1 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 lotter on DSK11XQN23PROD with RULES1 (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 Frm 00019 Fmt 4700 Sfmt 4700 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 E:\FR\FM\22OCR1.SGM 22OCR1

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


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