45866 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. 2021–17238 Filed 8–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0303] 

RIN 1625–AA00 

Safety Zone; Maumee River, Toledo, 

OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters directly surrounding 

the northern half of the I–75 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 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

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) 

418–6040. 

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 (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. 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. 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 

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 (I–75) Bridge located 

at 41°37′31.2′′ N 83°32′31.1′′ 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. 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 


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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 45867 

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 

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 that will prohibit entry into the 

waters directly underneath the Michael 

V. DiSalle Memorial (I–75) Bridge while 

it is demolished. It is categorically 

excluded from further review under 

paragraph L[60(a)] 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 record keeping 

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.T09–0303 to read as 

follows: 

§ 165.T09–0303 Safety Zone; Maumee 

River, Toledo, OH. 

(a) Location. The following area is a 

safety zone: The safety zone will cover 

all navigable waters from surface to 

bottom, underneath the old Michael V. 

DiSalle Memorial (I–75) Bridge located 

at 41°37′31.2′′ N 83°32′31.1′′ W. All 

geographic coordinates are North 

American Datum of 1983 (NAD 83). 

(b) Regulations. (1) In accordance 

with the general regulations in § 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 or her 

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 at least 30 

minutes prior to transit. 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. 

(c) Enforcement period. This section 

will be enforced from August 23, 2021, 

through August 27, 2021, from 7 a.m. 

until 5 p.m. 

Dated: August 10, 2021. 

Brad W. Kelly, 

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

Port Detroit. 

[FR Doc. 2021–17570 Filed 8–16–21; 8:45 am] 

BILLING CODE 9110–04–P 


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