83 FR 25577 - Safety Zone; Thunder Over Toledo Fireworks, Maumee River, Toledo, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 107 (June 4, 2018)

Page Range		25577-25579
FR Document		2018-11907

The Coast Guard is establishing a temporary safety zone in the Captain of the Port Detroit Zone on the Maumee River in the vicinity of Toledo, Ohio. This Zone is intended to restrict vessels from portions of the Maumee River for the Thunder over Toledo Fireworks Display. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port Detroit, or his designated representative. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.

Federal Register, Volume 83 Issue 107 (Monday, June 4, 2018)

[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25577-25579]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11907]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0469]
RIN 1625-AA00


Safety Zone; Thunder Over Toledo Fireworks, Maumee River, Toledo, 
OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Captain of the Port Detroit Zone on the Maumee River in the vicinity of 
Toledo, Ohio. This Zone is intended to restrict vessels from portions 
of the Maumee River for the Thunder over Toledo Fireworks Display. 
Persons and vessels are prohibited from entering into, transiting 
through, or anchoring within this safety zone unless authorized by the 
Captain of the Port Detroit, or his designated representative. This 
temporary safety zone is necessary to protect spectators and vessels 
from the hazards associated with fireworks displays.

DATES: This regulation is effective from 9 p.m. on July 4, 2018 until 
10:30 p.m. on July 5, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0469. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email MST1 Ryan Erpelding, Waterways 
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 
418-6037, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms

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. 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 prevent the Captain of the Port Detroit from keeping 
the public safe from the hazards associated with a maritime fireworks 
displays.
    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 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazards associated with fireworks displays starting after 
9:45 p.m. on July 4, 2018 will be a safety concern for anyone within an 
800 foot 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 
p.m. until 10:30 p.m. on July 4, 2018 with a rain date of July 5, 2018 
from 9 p.m. until 10:30 p.m. The safety zone will encompass all U.S. 
navigable waters of the Maumee River within an 800 foot radius of the 
fireworks launch site located at position 41[deg]38'44.5'' N, 
083[deg]31'50.6'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    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 
Detroit or his designated representative. The Captain of the Port, 
Sector Detroit or his 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.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior

[[Page 25578]]

regulations be identified for elimination, and that the cost of planned 
regulations be prudently managed and controlled through a budgeting 
process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it. As this rule is not a significant regulatory action, 
this rule is exempt from the requirements of Executive Order 13771. See 
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of 
the Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The majority of vessel 
traffic will be able to safely transit around the safety zone, which 
will impact only a portion of the Maumee River in Toledo, OH for a 90 
minute period of time. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the Captain of 
the Port.

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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 safety zone lasting 90 minutes that will prohibit entry 
within an 800 foot radius from where a fireworks display will be 
conducted. It is categorically excluded from further review under 
paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. 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 165

    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 165 as follows:

PART 165-- REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0469 to read as follows:


Sec.  165.T09-0469   Safety Zone; Thunder over Toledo Fireworks, Maumee 
River, Toledo, OH.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of the Maumee River within an 800 foot radius of 
the fireworks launch site located at position 41[deg]38'44.5'' N, 
083[deg]31'50.6'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (b) Enforcement period. This regulation will be enforced from 9 
p.m. through 10:30 p.m. on July 4, 2018 with

[[Page 25579]]

a rain date of July 5, 2018 from 9 p.m. until 10:30 p.m. The Captain of 
the Port Detroit, or a designated representative may suspend 
enforcement of the safety zone at any time.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Detroit, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated 
representative.
    (3) The ``designated representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Detroit to act on his 
behalf. The designated representative of the Captain of the Port 
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Captain of the Port Detroit or his designated 
representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his designated 
representative to obtain permission to do so.
    (5) Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the 
Captain of the Port Detroit or his designated representative.

    Dated: May 23, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-11907 Filed 6-1-18; 8:45 am]
 BILLING CODE 9110-04-P

25578 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations

regulations be identified for elimination, and the Regional Small Business Commandant Instruction M16475.lD,
and that the cost of planned regulations Regulatory Fairness Boards. The which guide the Coast Guard in
be prudently managed and controlled Ombudsman evaluates these actions complying with the National
through a budgeting process.’’ annually and rates each agency’s Environmental Policy Act of 1969 (42
The Office of Management and Budget responsiveness to small business. If you U.S.C. 4321–4370f), and have
(OMB) has not designated this rule a wish to comment on actions by determined that this action is one of a
significant regulatory action under employees of the Coast Guard, call 1– category of actions that do not
section 3(f) of Executive Order 12866. 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a
Accordingly, the Office of Management Coast Guard will not retaliate against significant effect on the human
and Budget (OMB) has not reviewed it. small entities that question or complain environment. This rule involves a safety
As this rule is not a significant about this rule or any policy or action zone lasting 90 minutes that will
regulatory action, this rule is exempt of the Coast Guard. prohibit entry within an 800 foot radius
from the requirements of Executive from where a fireworks display will be
Order 13771. See OMB’s Memorandum C. Collection of Information
conducted. It is categorically excluded
titled ‘‘Interim Guidance Implementing This rule will not call for a new from further review under paragraph
Section 2 of the Executive Order of collection of information under the L60(c) of Appendix A, Table 1 of DHS
January 30, 2017 titled ‘Reducing Paperwork Reduction Act of 1995 (44 Instruction Manual 023–01–001–01,
Regulation and Controlling Regulatory U.S.C. 3501–3520). Rev. 01. A Record of Environmental
Costs’ ’’ (February 2, 2017). Consideration supporting this
This regulatory action determination D. Federalism
determination is available in the docket
is based on the size, location, and A rule has implications for federalism where indicated under ADDRESSES.
duration of the safety zone. The majority under Executive Order 13132,
of vessel traffic will be able to safely Federalism, if it has a substantial direct G. Protest Activities
transit around the safety zone, which effect on the States, on the relationship The Coast Guard respects the First
will impact only a portion of the between the national government and Amendment rights of protesters.
Maumee River in Toledo, OH for a 90 the States, or on the distribution of Protesters are asked to contact the
minute period of time. Under certain power and responsibilities among the person listed in the FOR FURTHER
conditions, moreover, vessels may still various levels of government. We have INFORMATION CONTACT section to
transit through the safety zone when analyzed this rule under that Order and coordinate protest activities so that your
permitted by the Captain of the Port. have determined that it is consistent message can be received without
B. Impact on Small Entities with the fundamental federalism jeopardizing the safety or security of
principles and preemption requirements people, places or vessels.
The Regulatory Flexibility Act of 1980 described in Executive Order 13132.
(RFA), 5 U.S.C. 601–612, as amended, Also, this rule does not have tribal List of Subjects in 33 CFR Part 165
requires federal agencies to consider the implications under Executive Order Harbors, Marine safety, Navigation
potential impact of regulations on small 13175, Consultation and Coordination (water), Reporting and recordkeeping
entities during rulemaking. The Coast with Indian Tribal Governments, requirements, Security measures,
Guard certifies under 5 U.S.C. 605(b) because it does not have a substantial Waterways.
that this rule will not have a significant direct effect on one or more Indian For the reasons discussed in the
economic impact on a substantial tribes, on the relationship between the preamble, the Coast Guard amends 33
number of small entities. Under the Federal Government and Indian tribes, CFR part 165 as follows:
Regulatory Flexibility Act (5 U.S.C. or on the distribution of power and
601–612), we have considered the responsibilities between the Federal PART 165— REGULATED
impact of this temporary rule on small Government and Indian tribes. If you NAVIGATION AREAS AND LIMITED
entities. While some owners or believe this rule has implications for ACCESS AREAS
operators of vessels intending to transit federalism or Indian tribes, please
the safety zone may be small entities, for contact the person listed in the FOR ■ 1. The authority citation for part 165
the reasons stated in section V.A above, FURTHER INFORMATION CONTACT section continues to read as follows:
this rule will not have a significant above. Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
economic impact on any vessel owner 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
or operator. E. Unfunded Mandates Reform Act Department of Homeland Security Delegation
Under section 213(a) of the Small The Unfunded Mandates Reform Act No. 0170.1.
Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T09–0469 to read as
Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of follows:
we want to assist small entities in their discretionary regulatory actions. In
understanding this rule. If the rule particular, the Act addresses actions § 165.T09–0469 Safety Zone; Thunder over
would affect your small business, that may result in the expenditure by a Toledo Fireworks, Maumee River, Toledo,
organization, or governmental State, local, or tribal government, in the OH.
jurisdiction and you have questions aggregate, or by the private sector of (a) Location. The following area is a
concerning its provisions or options for $100,000,000 (adjusted for inflation) or temporary safety zone: All U.S.
compliance, please contact the person more in any one year. Though this rule navigable waters of the Maumee River
listed in the FOR FURTHER INFORMATION will not result in such an expenditure, within an 800 foot radius of the
sradovich on DSK3GMQ082PROD with RULES

CONTACT section. we do discuss the effects of this rule fireworks launch site located at position
Small businesses may send comments elsewhere in this preamble. 41°38′44.5″ N, 083°31′50.6″ W. All
on the actions of Federal employees geographic coordinates are North
who enforce, or otherwise determine F. Environment American Datum of 1983 (NAD 83).
compliance with, Federal regulations to We have analyzed this rule under (b) Enforcement period. This
the Small Business and Agriculture Department of Homeland Security regulation will be enforced from 9 p.m.
Regulatory Enforcement Ombudsman Management Directive 023–01 and through 10:30 p.m. on July 4, 2018 with

VerDate Sep<11>2014 16:56 Jun 01, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\04JNR1.SGM 04JNR1

Document Created: 2018-06-02 00:47:17
Document Modified: 2018-06-02 00:47:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This regulation is effective from 9 p.m. on July 4, 2018 until 10:30 p.m. on July 5, 2018.
Contact		If you have questions on this temporary rule, call or email MST1 Ryan Erpelding, Waterways Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 418-6037, email [email protected]
FR Citation		83 FR 25577
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 25577 - Safety Zone; Thunder Over Toledo Fireworks, Maumee River, Toledo, OH

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 107 (June 4, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard