Safety Zone; Maumee River, Toledo, OH, 52469-52471 [2022-18395]
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Federal Register / Vol. 87, No. 165 / Friday, August 26, 2022 / Rules and Regulations
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 the
establishment of safety zones to protect
the public from hazards created by
ongoing construction work. It is
categorically excluded from further
review under paragraph L60a 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.
lotter on DSK11XQN23PROD with RULES1
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:
VerDate Sep<11>2014
16:09 Aug 25, 2022
Jkt 256001
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. 00170.1, Revision No. 01.2.
2. Add § 165.T05–0915 to read as
follows:
■
§ 165.T05–0915 Safety Zones; Chesapeake
Bay Bridge Tunnel, Chesapeake Bay
Entrance, VA.
(a) Location. The following areas are
safety zones:
(1) Any waters located within 500 feet
in all directions from the edge of South
Thimble Island. South Thimble Island is
located approximately 3.3 miles north of
the shores of Virginia Beach on
Highway 13, also known as the
Chesapeake Bay Bridge Tunnel (CBBT).
(2) Any waters located within 500 feet
in all directions from the edge of North
Thimble Island. North Thimble Island is
located approximately 4.5 miles north of
Virginia Beach on Highway 13.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Virginia (COTP) in the
enforcement of the safety zones. The
term also includes an employee or
contractor of Chesapeake Tunnel Joint
Venture (CTJV) for the sole purpose of
designating and establishing safe transit
corridors, to permit passage into or
through the safety zones listed in
paragraph (a) of this section, or to notify
vessels and individuals that they have
entered a safety zone and are required
to depart immediately.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, no vessel or person may enter
or remain in any safety zone described
in paragraph (a) of this section unless
authorized by the COTP, or designated
representative. If a vessel or person is
notified by the COTP, or designated
representative, that they have entered
one of these safety zones without
permission, they are required to
immediately depart in a safe manner
following the directions given.
(2) Mariners requesting to transit any
of these safety zones must first contact
the CTJV designated representatives,
CTJV Marine General Superintendant by
phone at 361–244–8852, CTJV Safety
Director at 702–415–8600, or CTJV
Construction Manager at 757–782–7741.
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
52469
CTJV will be monitoring VHF–FM
channels 13 and 16 while work is
ongoing. If permission is granted,
mariners must proceed at their own risk
and strictly observe any and all
instructions provided by the COTP, or
designated representative, to the
mariner regarding the conditions of
entry to and exit from any location
within the fixed safety zones.
(d) Enforcement. The Sector Virginia
COTP may enforce the regulations in
this section and may be assisted by any
Federal, state, county, or municipal law
enforcement agency.
(e) Enforcement period. This section
will be enforced until January 31, 2027,
unless cancelled sooner by the COTP.
Dated: August 19, 2022.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Captain of the
Port Virginia.
[FR Doc. 2022–18360 Filed 8–25–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0692]
RIN 1625–AA00
Safety Zone; Maumee River, Toledo,
OH
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters directly surrounding
the northern half of the I–75 Bridge over
the Maumee River. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by demolition
of the bridge. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Detroit.
DATES: This rule is effective from 9:30
p.m. on August 27, 2022, through 11:30
p.m. on August 28, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0692 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
SUMMARY:
E:\FR\FM\26AUR1.SGM
26AUR1
52470
Federal Register / Vol. 87, No. 165 / Friday, August 26, 2022 / Rules and Regulations
email MST1 Karl Dirksmeyer,
Waterways Management, Marine Safety
Unit Toledo, Coast Guard; telephone
(419) 418–6044, email
Karl.E.Dirksmeyer@USCG.MIL.
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
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 the
party conducting the work notified the
Coast Guard with insufficient time to
accommodate the comment period. It is
impracticable to publish an NPRM
because we must establish this safety
zone by August 27, 2022.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed in
order to keep the I–75 demolition
project on schedule, and to keep the
public safe during this demolition
phase.
lotter on DSK11XQN23PROD with RULES1
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 bridge demolition
occurring between August 27, 2022–
August 28, 2022, will be a safety
concern for anyone transiting near the
I–75 bridge on the Maumee River. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the bridge is being
demolished.
VerDate Sep<11>2014
16:09 Aug 25, 2022
Jkt 256001
IV. Discussion of the Rule
This rule establishes a safety zone
from 9:30 p.m. through 11:30 p.m. on
August 27, 2022. In the case of
inclement weather on August 27, 2022,
this safety zone will be enforced from
9:30 p.m. through 11:30 p.m. on August
28, 2022. The safety zone will cover all
navigable waters 500 feet up and down
river from surface to bottom, below the
old Michael V. DiSalle Memorial (I–75)
Bridge located at 41°37′31.2″ N
83°32′31.1″ W. The duration of the
safety zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
while the bridge is being demolished.
No vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on size, location, duration, and
time-of-day of the safety 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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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
E:\FR\FM\26AUR1.SGM
26AUR1
Federal Register / Vol. 87, No. 165 / Friday, August 26, 2022 / Rules and Regulations
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 that will prohibit entry into the
waters 500 feet up and down river of the
Michael V. DiSalle Memorial (I–75)
Bridge while it is demolished. It is
categorically excluded from further
review under paragraph L[60(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
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
lotter on DSK11XQN23PROD with RULES1
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
DEPARTMENT OF HOMELAND
SECURITY
2. Add § 165.T09–0692 to read as
follows:
Coast Guard
■
§ 165.T09–0692 Safety Zone; Maumee
River, Toledo, OH.
(a) Location. The following area is a
safety zone: The safety zone will cover
all navigable waters 500 feet up and
down river from surface to bottom,
underneath the old Michael V. DiSalle
Memorial (I–75) Bridge located at
41°37′31.2″ N 83°32′31.1″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the Captain of the
Port Detroit, or his or her 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 his 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 his
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 his designated representative to
obtain permission to do so at least 30
minutes prior to transit. 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 his
designated representative.
(c) Enforcement periods. This section
will be enforced from August 27, 2022–
August 28, 2022, from 2130–2330.
Dated: August 22, 2022.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2022–18395 Filed 8–25–22; 8:45 am]
BILLING CODE 9110–04–P
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;
VerDate Sep<11>2014
16:09 Aug 25, 2022
Jkt 256001
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
52471
33 CFR Part 165
[Docket Number USCG–2022–0719]
RIN 1625–AA00
Safety Zone; Tennessee River, Decatur
County, AL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Tennessee River
extending from mile marker 169—172.
The safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by the salvage operations. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley.
DATES: This rule is effective from 8 a.m.
on August 29, 2022, through 4 p.m. on
August 31, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0719 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email Petty Officer Joshua Rehl, MSD
Nashville, U.S. Coast Guard; telephone
615–736–5421, email Joshua.M.Rehl@
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
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
E:\FR\FM\26AUR1.SGM
26AUR1
]]>Agencies
[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Rules and Regulations]
[Pages 52469-52471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18395]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0692]
RIN 1625-AA00
Safety Zone; Maumee River, Toledo, OH
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters directly surrounding the northern half of the I-75
Bridge over the Maumee River. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by demolition of the bridge. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Detroit.
DATES: This rule is effective from 9:30 p.m. on August 27, 2022,
through 11:30 p.m. on August 28, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0692 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
[[Page 52470]]
email MST1 Karl Dirksmeyer, Waterways Management, Marine Safety Unit
Toledo, Coast Guard; telephone (419) 418-6044, 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 the party conducting the work
notified the Coast Guard with insufficient time to accommodate the
comment period. It is impracticable to publish an NPRM because we must
establish this safety zone by August 27, 2022.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed in
order to keep the I-75 demolition project on schedule, and to keep the
public safe during this demolition phase.
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 bridge
demolition occurring between August 27, 2022-August 28, 2022, will be a
safety concern for anyone transiting near the I-75 bridge on the Maumee
River. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the bridge is being demolished.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:30 p.m. through 11:30
p.m. on August 27, 2022. In the case of inclement weather on August 27,
2022, this safety zone will be enforced from 9:30 p.m. through 11:30
p.m. on August 28, 2022. The safety zone will cover all navigable
waters 500 feet up and down river from surface to bottom, below the old
Michael V. DiSalle Memorial (I-75) Bridge located at 41[deg]37'31.2'' N
83[deg]32'31.1'' W. The duration of the safety zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the bridge is being demolished. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on size, location,
duration, and time-of-day of the safety 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).
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
[[Page 52471]]
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 that will prohibit entry into the waters 500 feet up and
down river of the Michael V. DiSalle Memorial (I-75) Bridge while it is
demolished. It is categorically excluded from further review under
paragraph L[60(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
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T09-0692 to read as follows:
Sec. 165.T09-0692 Safety Zone; Maumee River, Toledo, OH.
(a) Location. The following area is a safety zone: The safety zone
will cover all navigable waters 500 feet up and down river from surface
to bottom, underneath the old Michael V. DiSalle Memorial (I-75) Bridge
located at 41[deg]37'31.2'' N 83[deg]32'31.1'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port
Detroit, or his or her 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 his
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 his 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 his designated
representative to obtain permission to do so at least 30 minutes prior
to transit. 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 his designated representative.
(c) Enforcement periods. This section will be enforced from August
27, 2022-August 28, 2022, from 2130-2330.
Dated: August 22, 2022.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2022-18395 Filed 8-25-22; 8:45 am]
BILLING CODE 9110-04-P
