[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44061-44063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19750]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0754]
RIN 1625-AA08


Special Local Regulation; Frogtown Regatta, Maumee River, Toledo, 
OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all navigable waters of the Maumee River, Toledo, OH 
from the Martin Luther King Jr. Memorial Bridge at Maumee river mile 
4.30 to the Michael DiSalle Bridge at River mile 6.73. This regulated 
area is necessary to protect spectators and vessels from potential 
hazards associated with the Frogtown Regatta. Entry of vessels or 
persons into this regulated area is prohibited unless specifically 
authorized by the Captain of the Port Detroit, or a designated 
representative.

DATES: This temporary final rule is effective from 5 a.m. through 6 
p.m. on September 23, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0754 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 
temporary rule, call or email Ryan Erpelding, Prevention Department, 
MSU Toledo, Coast Guard; telephone 419-418-6037, or 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 doing so would be impracticable. The 
Coast Guard did not receive the final details of this regatta until 
there was insufficient time remaining before the event to publish an 
NPRM. We must establish this area by September 23, 2017 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), for the 
reasons stated above, the Coast Guard finds that good cause exists for 
making this temporary

[[Page 44062]]

rule effective less than 30 days after publication in the Federal 
Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Detroit (COTP) has determined that 
potential hazard associated with regatta from 5 a.m. through 6 p.m. on 
September 23, 2017 will be a safety concern to anyone within waters of 
the Maumee River, Toledo, OH from the Martin Luther King Jr. Memorial 
Bridge at river mile 4.30 to the Michael DiSalle Bridge at river mile 
6.73. This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
regatta occurs.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5 a.m. through 6 p.m. on 
September 23, 2017. The safety zone will encompass all U.S. navigable 
waters of the Maumee River, Toledo, OH from the Martin Luther King Jr. 
Memorial Bridge at river mile 4.30 to the Michael DiSalle Bridge at 
river mile 6.73. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.
    The Coast Guard will patrol the regatta area under the direction of 
the Captain of the Port Detroit (COTP), or a designated representative. 
A designated representative may be a Coast Guard Patrol Commander. 
Vessels desiring to transit the regulated area may do so only with 
prior approval of the COTP or a designated representative and when so 
directed by that officer. Vessels will be operated at a no wake speed 
to reduce the wake to a minimum, in a manner which will not endanger 
participants in the event or any other craft and remain vigilant for 
event participants and safety craft. Additionally, vessels must yield 
right-of-way for event participants and event safety craft and must 
follow directions given by the COTP or a designated representative. The 
rules contained in the above two sentences do not apply to participants 
in the event or vessels of the patrol operating in the performance of 
their assigned duties. Commercial vessels will have right-of-way over 
event participants and event safety craft. The races will stop for 
oncoming freighter or commercial traffic and will resume after the 
vessel has completed its passage through the regulated area. COTP or a 
designated representative may direct the anchoring, mooring, or 
movement of any boat or vessel within the regatta area. A succession of 
sharp, short signals by whistle or horn from vessels patrolling the 
area under the direction of the U.S. COTP or a designated 
representative shall serve as a signal to stop. Vessels so signaled 
must stop and comply with the orders of the COTP or a designated 
representative. Failure to do so may result in expulsion from the area, 
citation for failure to comply, or both. The COTP or a designated 
representative may establish vessel size and speed limitations and 
operating conditions and may restrict vessel operation within the 
regatta area to vessels having particular operating characteristics. 
The COTP or a designated representative may terminate the marine event 
or the operation of any vessel at any time it is deemed necessary for 
the protection of life and property.
    Patrol Commander means a Coast Guard commissioned, warrant, or 
petty officer who has been designated by the COTP to monitor a regatta 
area, permit entry into the regatta area, give legally enforceable 
orders to persons or vessels within the regatta area, and take other 
actions authorized by the COTP. The Patrol Commander will be aboard 
either a Coast Guard or Coast Guard Auxiliary vessel. The Patrol 
Commander may be contacted on Channel 16 (156.8 MHZ) by the call sign 
``Coast Guard Patrol Commander.''

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771. This regulatory action 
determination is based on the size, location, duration, and time-of-
year of the regulated area. Vessel traffic will be able to safely 
transit around this regulated area, which will impact a small 
designated area of the Maumee River from 5 a.m. through 6 p.m. on 
September 23, 2017. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the regulated 
area and the rule allows vessels to seek permission to enter the 
regulated area.

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 
regulated 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 
contact 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).

[[Page 44063]]

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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 interval lasting from 5a.m. 
through 6 p.m., that will prohibit entry within waters of the Maumee 
River, Toledo, OH from the Martin Luther King Jr. Memorial Bridge at 
river mile 4.30 to the Michael DiSalle Bridge at river mile 6.73. It is 
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(h) 
of the Commandant Instruction. A Record of Environmental Consideration 
(REC) supporting this determination is available in the docket where 
indicated in the ADDRESSES section of this preamble.

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

    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 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. In Sec.  100.928, effective from 5 a.m. through 6 p.m. on September 
23, 2017, suspend paragraph (b) and add paragraph (d) to read as 
follows:


Sec.  100.928  Special Local Regulation; Frogtown Regatta, Maumee 
River, Toledo, OH.

* * * * *
    (d) Enforcement period. The regulated area described in paragraph 
(a) of this section will be enforced from 5 a.m. through 6 p.m. on 
September 23, 2017.

    Dated: September 11, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-19750 Filed 9-20-17; 8:45 am]
 BILLING CODE 9110-04-P