[Federal Register Volume 66, Number 114 (Wednesday, June 13, 2001)]
[Rules and Regulations]
[Pages 31841-31842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14816]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-036]
RIN 2115-AA97


Safety Zone--Ottawa River, Toledo, Ohio

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Ottawa River, Toledo, Ohio. This zone restricts the entry of vessels 
into the area designated for the June 23, 2001, Summerfest fireworks 
display. This temporary safety zone is necessary to protect spectators 
and vessels from the hazards associated with fireworks displays.

DATES: This rule is effective from 6:30 p.m. until 11 p.m. on June 23, 
2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD09-01-036] and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Toledo, 420 Madison 
Ave, Suite 700, Toledo, Ohio, 43604 between 9:30 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Herb Oertli, Chief of Port 
Operations, Marine Safety Office, 420 Madison Ave, Suite 700, Toledo, 
Ohio 43604; (419) 418-6050.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and, under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule it effective less than 30 days 
after publication in the Federal Register. The Coast Guard had 
insufficient advance notice to publish an NPRM followed by a temporary 
final rule. Publication of a notice of proposed rulemaking and delay of 
effective date would be contrary to the public interest because 
immediate action is necessary to prevent possible loss of life, injury, 
or damage to property.

Background and Purpose

    This temporary rule is necessary to ensure the safety of spectators 
and vessels during the setup, loading and launching of a fireworks 
display in conjunction with the City of Toledo's Summerfest Fireworks. 
The fireworks display will occur between 6:30 p.m. and 11 p.m. on June 
23rd.
    This safety zone will encompass all waters and the adjacent 
shoreline of the Ottawa River, Toledo, Ohio, bounded by the arc of a 
circle with a 560-foot radius with its center in approximate position 
41 deg. 43.21 N, 083 deg. 28.46 W. The fireworks will be launched off 
the southeast end of the Summit Street Bridge. The Captain of the Port 
Toledo or his designated on scene representative have the authority to 
terminate the event.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Entry into, transiting, or anchoring within the safety zone 
is prohibited unless authorized by the Captain of the Port Chicago or 
his designated on scene representative. The Captain of the Port or his 
designated on scene representative may be contacted via VHF Channel 16.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979). We expect the economic impact 
of this rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This finding is based on the historical lack of vessel 
traffic during this time of year.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
rule will be in effect for only a few hours for one event and vessel 
traffic can pass safely around the safety zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Marine Safety Office Toledo (see 
ADDRESSES).
    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

[[Page 31842]]

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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal government having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

Indian Tribal Governments

    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.

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

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-6, and 160.5; 49 CFR 1.46.


    2. Add temporary Sec. 165.T09-915 to read as follows:


Sec. 165.T09-915  Safety zone: Ottawa River, Toledo, Ohio.

    (a) Location: All waters and the adjacent shoreline of the Ottawa 
River, Toledo, Ohio, bounded by the arc of a circle with a 560-foot 
radius with its center in approximate position 41 deg. 43.21 N, 
083 deg. 28.46 W. (Southeast end of the Summit Street Bridge.) (NAD 
1983).
    (b) Effective Period. This regulation is effective from 6:30 p.m. 
until 11 p.m., June 23, 2001.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port.

    Dated: May 30, 2001.
David L. Scott,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-14816 Filed 6-12-01; 8:45 am]
BILLING CODE 4910-15-U