Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations 40331 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0576] 

RIN 1625–AA00 

Safety Zone; Maumee River; Toledo, 

OH 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: 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 USCG–2021– 

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) 418–6040, 

email Jacob.A.Haan@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 

§ 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 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 Guard’s 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. 

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. 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 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 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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40332 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations 

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 rule involves a safety 

zone lasting only one hour that will 

prohibit entry within 250-yard radius of 

where the fireworks display will be 

conducted. It is categorically excluded 

from further review under paragraph 

L[60] 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 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0576 to read as 

follows: 

§ 165.T09–0576 Safety Zone; Maumee 

River; Toledo, OH. 

(a) Location. The following area is a 

safety zone: All U.S. navigable waters of 

the Maumee River within a within a 

250-yard radius of the fireworks launch 

site located at position 41°38′54′′ N 

83°31′54′′ W. All geographic coordinates 

are North American Datum of 1983 

(NAD 83). 

(b) Enforcement period. This section 

will be enforced from 9:30 p.m. through 

10:30 p.m. on September 3, 2021. 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 § 165.23, 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 their 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 a 

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 a designated representative to obtain 

permission to do so. 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 a designated 

representative. 

Dated: July 22, 2021. 

Brad W. Kelly, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2021–16031 Filed 7–27–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 31 and 32 

[Docket ID ED–2021–OFO–0083] 

RIN 1880–AA90 

Permissibility of Administrative Law 

Judges Presiding Over Salary PreOffset Hearings 

AGENCY: Office of Finance and 

Operations (OFO), Department of 

Education. 

ACTION: Final regulations. 

SUMMARY: The Department of Education 

(Department) amends its regulations 

regarding salary pre-offset hearings to 

expressly permit administrative law 

judges (ALJs) to act as the presiding 

officers. 

DATES: These final regulations are 

effective July 28, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Cummings, 550 12th Street 

SW, Room 10089, Potomac Center Plaza, 

Washington, DC 20202. Telephone: 


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