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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210576
RIN 1625AA00

Safety Zone; Maumee River; Toledo, OH
Coast Guard, Department of Homeland Security DHS.
ACTION: Temporary final rule.
AGENCY:

The Coast Guard is establishing a temporary safety zone for navigable waters on the Maumee River near Promenade Park in Toledo, OH.
The safety zone is necessary to protect spectators, personnel, vessels, and the marine environment from potential hazards created by the Promedica Health System Fireworks event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Detroit, or a designated representative.
DATES: This rule is effective from 9:30
p.m. through 10:30 p.m. on September 3, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0576 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 rule, call or email MST2 Jacob Haan, Waterways Department, Marine Safety Unit Toledo, Coast Guard; telephone 419 4186040, email Jacob.A.Haan@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code
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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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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
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impracticable, unnecessary, or contrary to the public interest. Under 5 U.S.C.
553bB, the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking with respect to this rule because the event sponsor notified the Coast Guard with insufficient time to accommodate the comment period. Thus, delaying the effective date of this rule to wait for the comment period to run would be impracticable and contrary to the public interest because it would inhibit the Coast Guards ability to protect spectators and vessels from the hazards associated with a maritime fireworks display.
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 fireworks display will be a safety concern for anyone within a 250-yard radius of the launch site. The likely combination of recreational vessels, darkness punctuated by bright flashes of light, and fireworks debris falling into the water presents risks of collisions which could result in serious injuries or fatalities. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during the fireworks display.
IV. Discussion of the Rule This rule establishes a safety zone that will be enforced from 9:30 p.m. through 10:30 p.m. on September 3, 2021. The safety zone will encompass all U.S.
navigable waters of the Maumee River within a 250-yard radius of the fireworks launch site located near Promenade Park in Toledo, OH. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the fireworks display.
Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Sector Detroit or a designated representative. The Captain of the Port, Sector Detroit or a designated representative may be contacted via VHF Channel 16.
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.

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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, and duration of the safety zone. This safety zone would impact a small designated area of the Maumee River for a period of one hour during the evening when 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. 601612, 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.
605b 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 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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
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