[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Rules and Regulations]
[Pages 44694-44696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18282]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No USCG-2019-0684]
RIN 1625-AA08
Special Local Regulation; Frogtown Regatta, 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 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 7 a.m. through 5
p.m. on September 28, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0684 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 about this rule,
call or email MSTC Allie Lee, Waterways Department, Marine Safety Unit
Toledo, Coast Guard; telephone (419) 418-6023, 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 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.
70034. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with regatta from 7 a.m. through 5 p.m. on
September 28, 2019 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 7 a.m. through 5 p.m. on
September 28, 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 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
[[Page 44695]]
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. 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 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 10 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 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.
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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 10 hours 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 from further review under
paragraph L61 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
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: 46 U.S.C. 70034.
0
2. Add temporary Sec. 100.T999-0684 to read as follows:
Sec. 100.T999-0684 Special Local Regulation; Frogtown Regatta,
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 the Michael DiSalle Bridge at
river mile 6.73.
(b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 7 a.m. through 5 p.m. on September 28, 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 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 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.
(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: August 20, 2019.
Meridena D. Kauffman,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2019-18282 Filed 8-26-19; 8:45 am]
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