[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Rules and Regulations]
[Pages 30805-30807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11462]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-015]
RIN 2115-AA97


Safety Zone; Maumee River, Lake Erie, 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 
Maumee River, Toledo, Ohio. This zone is intended to restrict vessels 
from a portion of the Maumee River during the City of Toledo's May 25th 
Memorial Day 2002, 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 10 p.m., May 25th, 2002, until 11 
p.m. May 25th, 2002.

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

[[Page 30806]]

docket [CGD09-02-015] 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, at (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. Under 5 U.S.C. 553(d)(3), good 
cause exists for making this rule 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 safety zone 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 May 25th 
Fireworks. The fireworks display will occur between 10 p.m. until 11 
p.m. on May 25, 2002.

Discussion of Rule

    This safety zone will encompass all waters and the adjacent 
shoreline of the Maumee River, Toledo, Ohio, Extending from the bow of 
the museum ship SS WILLIS B. BOYER at 41 deg. 38' 35" N, 083 deg. 31' 
54" W, then north north-east to the south end of the City of Toledo 
Street at 41 deg. 38' 51" N, 083 deg. 31' 50" W, then south-west to 
Maumee River Buoy #64 (LLNR 6361) at approximate position 41 deg. 38' 
48" N, 083 deg. 31' 58" W, then returning south south-east to the 
museum ship SS WILLIS B. BOYER. These coordinates are based upon North 
American Datum 1983 (NAD 1983).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or his designated on scene patrol 
personnel. The designated on-scene representative will be the patrol 
commander. Entry into, transiting, or anchoring within the safety zone 
is prohibited unless authorized by the Captain of the Port Toledo 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). This finding is based on the 
historical lack of vessel traffic at 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 rule will affect the following entities, some of which may be 
small entities: the owners and operators of vessels intending to 
transit or anchor in a portion of the Maumee River off Toledo, Ohio.
    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. In the event that 
shipping is affected by this temporary safety zone, commercial vessels 
may request permission from the Captain of the Port Toledo to transit 
through the safety zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
ADDRESSESS.)
    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).

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, Federalism, 
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) 
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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

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.

[[Page 30807]]

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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Action Concerning Regulation that Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a statement of Energy Effects 
under Executive Order 13211.

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, and 33 CFR 1.05-1(g), 
6.04-6, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T09-007 is added to read as follows:


Sec. 165.T09-007  Safety zone; Maumee River, Lake Erie, Ohio

    (a) Location. All waters and adjacent shoreline of the Maumee 
River, Toledo, Ohio, extending from the bow of the museum ship SS 
WILLIS B. BOYER at 41 deg. 38' 35'' N, 083 deg. 31' 54'' W; then north 
north-east to the south end of the City of Toledo Street at 41 deg. 38' 
51'' N, 083 deg. 31' 50'' W; then south-west to the Maumee River Buoy 
#64 (LLNR 6361) at approximate position 41 deg. 38' 48'' N, 083 deg. 
31' 58'' W; then returning south south-east to the original starting 
position on the bow of the Museum ship SS WILLIS B. BOYER (NAD 1983).
    (b) Effective time and date. This section is effective from 10 p.m. 
until 11 p.m. on May 25th 2002.
    (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: April 26, 2002.
David L. Scott,
Commander, U.S. Coast Guard, Captain of the Port, Toledo.
[FR Doc. 02-11462 Filed 5-7-02; 8:45 am]
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