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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations
Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Duluth COTP in the enforcement of the safety zone.
c Regulations. 1 In accordance with the general regulations in 165.23, entry into, transiting, or anchoring within the safety zone described in paragraph a is prohibited unless authorized by the Captain of the Port, Duluth or his designated representative.
2 Before a vessel operator may enter or operate within the safety zone, they must obtain permission from the Captain of the Port, Duluth, or a designated representative via VHF
Channel 16 or telephone at 906 635
3233. Vessel operators given permission to enter or operate in the safety zone must comply with all orders given to them by the Captain of the Port, Duluth or a designated representative.
d Enforcement period. This section will be enforced from 9:15 p.m. through 9:45 p.m. on September 4, 2021.
Dated: August 6, 2021.
F.M. Smith, CDR, U.S. Coast Guard, Captain of the Port Duluth.
FR Doc. 202117238 Filed 81621; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210303
RIN 1625AA00

Safety Zone; Maumee River, Toledo, OH
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone for navigable waters directly surrounding the northern half of the I75 Bridge over the Maumee River. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by demolition of the bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Detroit.
DATES: This rule is effective from August 23, 2021, through August 27, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
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SUMMARY:

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available in the docket, go to https
www.regulations.gov, type USCG2021
0303 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 Management, Marine Safety Unit Toledo, Coast Guard; telephone 419
4186040.
SUPPLEMENTARY INFORMATION:
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
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 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 NPRM
with respect to this rule because the party conducting the work notified the Coast Guard with insufficient time to accommodate the comment period. It is impracticable to publish an NPRM
because we must establish this safety zone by August 23, 2021.
Under 5 U.S.C. 553d3, 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 rule would be impracticable because immediate action is needed to respond to the potential safety hazards associated with replacing the power lines.
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 bridge demolition starting August 23, 2021, will be a safety concern for anyone transiting under the bridge. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters
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within the safety zone while the bridge is being demolished.
IV. Discussion of the Rule This rule establishes a safety zone on August 23, 2021 through August 27, 2021. The safety zone will be enforced Monday through Friday from 7 a.m.
until 5 p.m. The safety zone will cover all navigable waters from surface to bottom, below the old Michael V.
DiSalle Memorial I75 Bridge located at 413731.2 N 833231.1 W. A
marked 100 foot wide channel will be provided for vessels to pass through the demolition area. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the bridge is being demolished. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative.
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 size, location, duration, and time-of-day of the safety zone. Vessel traffic should not be influenced by the safety zone, and will be able to pass through the safety zone in a marked channel marked by double red lights.
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
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