Safety Zone; City of Toledo Fireworks; Maumee River; Toledo, OH, 41500-41502 [2023-13594]
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Federal Register / Vol. 88, No. 122 / Tuesday, June 27, 2023 / Rules and Regulations
■ Par. 2. Section 1.6050I–1 is amended
by adding a sentence to the end of
paragraphs (a)(3)(ii) and (c)(1)(iv) to
read as follows:
§ 1.6050I–1 Returns relating to cash in
excess of $10,000 received in a trade or
business.
(a) * * *
(3) * * *
(ii) * * * An agent will be deemed to
have met the disclosure requirements of
this paragraph (a)(3)(ii) if the agent
discloses only the name of the principal
and the agent knows that the recipient
has the principal’s address and taxpayer
identification number.
*
*
*
*
*
(c) * * *
(1) * * *
(iv) * * * The recipient may rely on
a copy of the loan document, a written
statement from the bank, or similar
documentation (such as a written lien
instruction from the issuer of the
instrument) to substantiate that the
instrument constitutes loan proceeds.
*
*
*
*
*
Oluwafunmilayo A. Taylor,
Branch Chief, Legal Processing Division,
Associate Chief Counsel (Procedure and
Administration).
[FR Doc. 2023–13555 Filed 6–26–23; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0509]
RIN 1625–AA00
Safety Zone; City of Toledo Fireworks;
Maumee River; Toledo, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters on the Maumee River
in Toledo, OH. The safety zone is
needed to protect marine traffic and
spectators from hazards associated with
the City of Toledo Fireworks. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Detroit, or his designated representative.
This temporary safety zone is necessary
to protect marine traffic and spectators
from hazards associated with fireworks.
DATES: This rule is effective from 9
through 11:30 p.m. on July 1, 2023.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0509 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST1 Karl Dirksmeyer, Marine
Safety Unit Toledo, Coast Guard;
telephone (419) 392–0324, email D09SMB-MSUToledo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
event sponsor notified the Coast Guard
with insufficient time to accommodate
the comment period. Thus, delaying the
effective date of this rule to wait for the
comment period to run would be
impracticable and contrary to the public
interest because it would prevent the
Captain of the Port Detroit from keeping
marine traffic and spectators safe from
hazards associated with the City of
Toledo Fireworks.
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 to
ensure the safety of marine traffic and
spectators from hazards associated with
the City of Toledo Fireworks.
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
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determined that potential hazards
associated with the City of Toledo
Fireworks on July 1, 2023, will be a
safety concern within a 500 foot radius
of the launch site along the Maumee
River from 9 to 11:30 p.m. This rule is
needed to protect marine traffic and
spectators in the navigable waters
within the safety zone while the event
is taking place.
IV. Discussion of the Rule
This rule establishes a safety zone that
will be enforced from 9 through 11:30
p.m. on July 1, 2023. The safety zone
will encompass all U.S. navigable
waters of the Maumee River within a
500 foot radius of the launch site at
41°38′44″ N, 083°31′51″ W. The
duration of the zone is intended to
protect marine traffic and spectators in
the navigable waters while the City of
Toledo Fireworks are taking place. Entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port,
Sector Detroit or his designated
representative. The Captain of the Port,
Sector Detroit or his designated
representative may be contacted via
VHF Channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration
and time-of-day of the safety zone. This
safety zone would impact a small
designated area of the Maumee River for
a short duration, during the evening
when vessel traffic is normally low.
Vessel traffic will be able to transit after
the time of the event. 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.
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Federal Register / Vol. 88, No. 122 / Tuesday, June 27, 2023 / Rules and Regulations
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.
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.
D. Federalism and Indian Tribal
Governments
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting three and one half hours
that will prohibit entry within a 500 foot
radius of the launch site along the
Maumee River, Toledo, OH. It is
categorically excluded from further
review under paragraph L[60] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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
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
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).
ddrumheller on DSK120RN23PROD with RULES1
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.
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41501
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T09–0509 to read as
follows:
■
§ 165.T09–0509 Safety Zone; City Of
Toledo Fireworks; Maumee River; Toledo,
OH.
(a) Location. The following area is a
temporary safety zone: All U.S.
navigable waters of the Maumee River
within a within a 500-foot radius of the
launch site along the Maumee River,
Toledo, OH located at position
41°38′44″ N, 083°31′51″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into, transiting or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Detroit, or his
designated representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his designated representative.
(3) The ‘‘designated representative’’ of
the Captain of the Port Detroit is any
Coast Guard commissioned, warrant, or
petty officer who has been designated
by the Captain of the Port Detroit to act
on 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. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
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41502
Federal Register / Vol. 88, No. 122 / Tuesday, June 27, 2023 / Rules and Regulations
Captain of the Port Detroit or his
designated representative.
(c) Enforcement Period. This
regulation will be enforced from 9
through 11:30 p.m. on July 1, 2023. The
Captain of the Port Detroit, or a
designated representative may suspend
enforcement of the safety zone at any
time.
Dated: June 20, 2023.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2023–13594 Filed 6–26–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0491]
RIN 1625–AA87
Security Zones; Corpus Christi Ship
Channel, Corpus Christi, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing two temporary, 500-yard
radius, moving security zones around
the Motor Vessel (M/V) ARC
DEFENDER and M/V OCEAN JAZZ.
These zones are needed to protect the
vessels, which will be carrying military
cargo onboard, while they are transiting
the Corpus Christi Ship Channel, in
Corpus Christi, TX. Entry of vessels or
persons into the zones are prohibited
unless specifically authorized by the
Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative.
DATES: This rule is effective without
actual notice from June 27, 2023,
through July 19, 2023. For the purposes
of enforcement, actual notice will be
used from June 21, 2023 through July
19, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Anthony
Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email Anthony.M.Garofalo@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus
Christi
DHS Department of Homeland Security
FR Federal Register
VerDate Sep<11>2014
16:46 Jun 26, 2023
Jkt 259001
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 it is
impracticable. We must establish this
security zone by June 21, 2023 to ensure
security of the vessel and lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing the rule.
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 contrary to the public
interest because immediate action is
needed to provide for the security of the
vessel and cargo.
III. Legal Authority and Need for Rule
The Coast Guard may issue security
zone regulations under authority in 46
U.S.C. 70051 and 70124. The Captain of
the Port Sector Corpus Christi (COTP)
has determined that potential hazards
associated with the transit of the M/V
ARC DEFENDER and M/V OCEAN JAZZ
when loaded with military cargo will be
a security concern within a 500-yard
radius of the vessel. This rule is needed
to provide for the safety and security of
the vessels, their cargo, and surrounding
waterway from terrorist acts, sabotage or
other subversive acts, accidents, or other
events of a similar nature from June 21,
2023 through July 19, 2023.
IV. Discussion of the Rule
The Coast Guard is establishing two
500-yard radius temporary security
zones around M/V ARC DEFENDER and
M/V OCEAN JAZZ. The vessel names
will be clearly marked on the port,
starboard, and stern. The zone for the
vessel will be enforced from the time
the vessel transits the Corpus Christi
Ship Channel between June 21, 2023
and July 19, 2023. The duration of the
zone is intended to protect the vessel
and military cargo on board while the
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vessel is in transit. No vessel or person
will be permitted to enter the security
zone without obtaining permission from
the COTP or a designated
representative.
Entry into these security zones is
prohibited unless authorized by the
COTP or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Corpus Christi. Persons or
vessels desiring to enter or pass through
each zone must request permission from
the COTP or a designated representative
on VHF–FM channel 16 or by telephone
at 361–939–0450. If permission is
granted, all persons and vessels shall
comply with the instructions of the
COTP or designated representative. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/
or Marine Safety Information Bulletins
(MSIBs) as appropriate for the
enforcement times and dates for each
security zone.
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, duration, and
location of the security zone. This rule
will impact a small designated area of
the Corpus Christi Ship Channel during
the vessel’s transits while loaded with
cargo over a thirty-day period.
Moreover, the Coast Guard will issue
BNMs via VHF–FM marine channel 16
about the zones as appropriate and the
rule allows vessels to seek permission to
enter the zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
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]]>Agencies
[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41500-41502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13594]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0509]
RIN 1625-AA00
Safety Zone; City of Toledo Fireworks; Maumee River; Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Maumee River in Toledo, OH. The safety zone is
needed to protect marine traffic and spectators from hazards associated
with the City of Toledo Fireworks. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Detroit, or his designated representative. This temporary
safety zone is necessary to protect marine traffic and spectators from
hazards associated with fireworks.
DATES: This rule is effective from 9 through 11:30 p.m. on July 1,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0509 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Karl Dirksmeyer, Marine Safety Unit Toledo, Coast
Guard; telephone (419) 392-0324, 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 event sponsor notified the Coast
Guard with insufficient time to accommodate the comment period. Thus,
delaying the effective date of this rule to wait for the comment period
to run would be impracticable and contrary to the public interest
because it would prevent the Captain of the Port Detroit from keeping
marine traffic and spectators safe from hazards associated with the
City of Toledo Fireworks.
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 to
ensure the safety of marine traffic and spectators from hazards
associated with the City of Toledo Fireworks.
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 City
of Toledo Fireworks on July 1, 2023, will be a safety concern within a
500 foot radius of the launch site along the Maumee River from 9 to
11:30 p.m. This rule is needed to protect marine traffic and spectators
in the navigable waters within the safety zone while the event is
taking place.
IV. Discussion of the Rule
This rule establishes a safety zone that will be enforced from 9
through 11:30 p.m. on July 1, 2023. The safety zone will encompass all
U.S. navigable waters of the Maumee River within a 500 foot radius of
the launch site at 41[deg]38'44'' N, 083[deg]31'51'' W. The duration of
the zone is intended to protect marine traffic and spectators in the
navigable waters while the City of Toledo Fireworks are taking place.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Detroit
or his designated representative. The Captain of the Port, Sector
Detroit or his designated representative may be contacted via VHF
Channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration and time-of-day of the safety zone. This safety zone
would impact a small designated area of the Maumee River for a short
duration, during the evening when vessel traffic is normally low.
Vessel traffic will be able to transit after the time of the event.
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.
[[Page 41501]]
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 Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting three and one half hours that will prohibit entry
within a 500 foot radius of the launch site along the Maumee River,
Toledo, OH. It is categorically excluded from further review under
paragraph L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0509 to read as follows:
Sec. 165.T09-0509 Safety Zone; City Of Toledo Fireworks; Maumee
River; Toledo, OH.
(a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of the Maumee River within a within a 500-foot
radius of the launch site along the Maumee River, Toledo, OH located at
position 41[deg]38'44'' N, 083[deg]31'51'' 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 of this part, entry into, transiting or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, or his designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated
representative.
(3) The ``designated representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Detroit to act on 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. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the
[[Page 41502]]
Captain of the Port Detroit or his designated representative.
(c) Enforcement Period. This regulation will be enforced from 9
through 11:30 p.m. on July 1, 2023. The Captain of the Port Detroit, or
a designated representative may suspend enforcement of the safety zone
at any time.
Dated: June 20, 2023.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-13594 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
