[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Rules and Regulations]
[Pages 58575-58577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23121]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2021-0761]
RIN 1625-AA08


Special Local Regulations; Perrysburg Regatta, Maumee River, 
Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will enforce a special local regulation for 
the Perrysburg Regatta from 7:30 a.m. through 3:30 p.m. on October 23, 
2021 to provide for the safety of life on navigable waterways during 
this event. Our regulation for marine events within the Ninth Coast 
Guard District identifies the regulated area for this event in Toledo, 
OH. During the enforcement period, the operator of any vessel in the 
regulated area must comply with directions from the Patrol Commander or 
any Official Patrol displaying a Coast Guard ensign.

DATES: This regulation will be enforced from 7:30 a.m. through 3:30 
p.m. on October 23, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0761 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST3 John Angotti, Waterways Department, Marine Safety 
Unit Toledo, Coast Guard; telephone (419) 418-6056, 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 we must establish this special local 
regulation by October 23, 2021. Delaying the effective date of this 
regulation for a comment period to run would be contrary to the public 
interest and impractical because it would inhibit the Coast Guard's 
ability to protect spectators and vessels from the potential safety 
hazards associated with a marine regatta.
    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. Delaying the effective date of 
this regulation would be contrary to the rule's objectives of 
protecting the safety of the public and property on the navigable 
waters in the vicinity of the regatta.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit 
(COTP) has determined that potential hazards associated with the 
Perrysburg Regatta starting October 23, 2021, would be a safety concern 
for anyone navigating within the Maumee River, Toledo, OH.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 
7:30 a.m.

[[Page 58576]]

through 3:30 p.m. on October 23, 2021. In light of the aforementioned 
hazards, the COTP has determined that a special local regulation is 
necessary to protect spectators, vessels, and participants. The special 
local regulation will encompass the following waterway: All waters of 
the Maumee River, Toledo OH between 200 feet off of the left descending 
bank and between the following two points: The first point is drawn 
from position 41[deg]39'45.9'' N, 083[deg]30'37.9'' W (NAD 83); the 
second point, to the south, is drawn from position 41[deg]38'06.4'' N, 
083[deg]31'60.0'' W (NAD 83). During the period of enforcement, no 
vessels may enter, transit through, or anchor within the regulated area 
without the permission of the COTP or an on-scene representative. The 
COTP or a designated on-scene representative will notify the public of 
the enforcement of this rule by all appropriate means, including a 
Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

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. 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).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
Vessel traffic will be able to safely transit around this regulated 
area, which would impact a small designated area of the Maumee River 
for 6 hours in an area where vessel traffic is normally low. Moreover, 
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow vessels to 
seek permission to enter the zone.

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 
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 
call or email 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 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, 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 special local 
regulation lasts 6 hours and will limit entry within the navigable 
waters of the Maumee River, Toledo, OH. 200 feet off of the left 
descending bank and between the following two points: The first point 
is drawn from position 41[deg]39'45.9'' N, 083[deg]30'37.9'' W (NAD 
83); the second point, to the south, is drawn from position 
41[deg]38'06.4'' N, 083[deg]31'60.0'' W (NAD 83). It is categorically 
excluded from further review under paragraph L[61] of Appendix A, Table 
1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without

[[Page 58577]]

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, Security measures.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR 100 as follows:

PART 100--SPECIAL LOCAL REGULATIONS; PERRYSBURG REGATTA, TOLEDO, OH

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.T05-911 to read as follows:


Sec.  100.T05-911   Special Local Regulations; Perrysburg Regatta, 
Maumee River, Toledo, OH

    (a) Location. This special local regulation lasts 6 hours and will 
limit entry within the navigable waters of the Maumee River, Toledo, 
OH. 200 feet off of the left descending bank and between the following 
two points: The first point is drawn from position 41[deg]39'45.9'' N, 
083[deg]30'37.9'' W (NAD 83); the second point, to the south, is drawn 
from position 41[deg]38'06.4'' N, 083[deg]31'60.0'' W (NAD 83).
    (b) Enforcement period. The regulation will be enforced from 7:30 
a.m. through 3:30 p.m. on October 23, 2021. The Captain of the Port 
Detroit will announce specific enforcement periods by Broadcast Notice 
to Mariners (BNM).
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.911(b), no vessel may enter, transit through, or anchor 
within the regulated area without the permission of the COTP or a 
designated on-scene representative.
    (2) Vessel operators desiring to enter or operate within the 
regulated area shall contact the Coast Guard Patrol Commander to obtain 
permission to do so. Vessel operators given permission to enter or 
operate within the regulated area must comply with all directions given 
to them by the Coast Guard Patrol Commander.

    Dated: October 18, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2021-23121 Filed 10-21-21; 8:45 am]
BILLING CODE 9110-04-P