[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Rules and Regulations]
[Pages 28216-28219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12845]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No USCG-2019-0340]
RIN 1625-AA08
Special Local Regulation; Rock the River Toledo, Maumee River,
Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for a portion of the navigable waters of the Maumee River,
Toledo, OH. This regulated area is necessary to protect spectators and
vessels from potential hazards associated with high speed regatta races
during Rock the River Toledo. 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 8 a.m. on June 28,
2019 through 7 p.m. on June 29, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0340 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, Waterways Department,
Marine Safety Unit 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
[[Page 28217]]
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary final 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 in time
to publish an NPRM. As such, it is impracticable to publish an NPRM
because we 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. Waiting for a 30-day effective
period to run is impracticable and contrary to the public interest for
the reasons discussed in the preceding paragraph.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with the regatta from 8 a.m. on June 28,
2019 through 7 p.m. on June 29, 2019 will be a safety concern to anyone
within waters of the Maumee River, Toledo, OH where the regatta is
being held. 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 8 a.m. on June 28, 2019
through 7 p.m. on June 29, 2019. 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 a line drawn from
a point at 41[deg]38'44.6'' N 83[deg]31'51.8'' W east to a point at
41[deg]38'45.1'' N 83[deg]32'02.2'' W. 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. The 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 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 VHF-FM Marine Channel 16 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 in
Toledo, OH for a period of 35 hours. 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 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on 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
[[Page 28218]]
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).
D. Federalism
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 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 special local regulation interval
lasting for a period of 35 hours that will prohibit entry within
specified waters of the Maumee River, Toledo, OH. It is categorically
excluded from further review under paragraph L60(a) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1.
A Record of Environmental Consideration supporting this determination
is available in the docket where indicated under ADDRESSES.
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
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T999-0340 to read as follows:
Sec. 100.T999-0340 Special Local Regulation; Rock the River Toledo,
Maumee River, Toledo, OH.
(a) Regulated area. The regulated area includes 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 a line drawn from a point at
41[deg]38'44.6'' N 83[deg]31'51.8'' W east to a point at
41[deg]38'45.1'' N 83[deg]32'02.2'' W (NAD 83).
(b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 8 a.m. through 7 p.m. on June
28, 2019 and June 29, 2019.
(c) Special local regulations. (1) 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.
(2) 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 preceding 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 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
[[Page 28219]]
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.
(3) 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 VHF-FM Marine Channel 16 by the call sign
``Coast Guard Patrol Commander.''
Dated: June 4, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-12845 Filed 6-17-19; 8:45 am]
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