[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 Ryan.G.Erpelding@uscg.mil.

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]
BILLING CODE 9110-04-P


