[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Rules and Regulations]
[Pages 48802-48805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19417]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0214]
RIN 1625-AA00
Safety Zones; Recurring Events in Captain of the Port Duluth Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard will establish 8 permanent safety zones for
annually recurring marine events in the Coast Guard Captain of the Port
(COTP) Duluth zone. These safety zones are needed to protect both
spectators and participants from the hazards associated with the
events. During the enforcement period of the safety zones, persons and
vessels are prohibited from entering, transitioning through, remaining,
anchoring or mooring within the zone unless specifically authorized by
the COTP or designated representative.
DATES: This rule is effective September 11, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0214]. 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. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
[[Page 48803]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Judson Coleman, Chief of Waterways Management
Marine Safety Unit Duluth, U.S. Coast Guard; telephone (218) 720-5286,
Extension 111 or by email [email protected]. If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
To this end, on May 31, 2013, the Coast Guard published an NPRM in
the Federal Register (78 FR 12887). The NPRM proposed to establish
permanent safety zones for annually recurring events in the Captain of
the Port Duluth Zone. The NPRM was open for public comment for 30 days.
At close of the comment period, the Coast Guard had not received any
comments on the proposed rulemaking.
B. Basis and Purpose
The purpose of this rule is to establish necessary safety zones for
recurring events. This rule is being codified in order to safeguard
against the hazards associated with annual marine events taking place
in the Duluth Captain of the Port Zone.
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
C. Discussion of the Final Rule
This rule establishes 8 new safety zones in 33 CFR Part 165 for
annual marine events in the COTP Duluth Zone. These events include
fireworks displays for the 4th of July holiday, specifically the Duluth
fourth festival, Cornucopia fireworks, Ashland fireworks and the
Madeline Island fireworks, and other historically recurring marine
events, including the Lake Superior Dragon Boat Festival (LSDBF), The
Superior Man Triathlon, and the Point to LaPointe swim.
As large numbers of spectator vessels are expected to congregate
around the location of these events, the safety zones are needed to
protect both spectators and participants from the hazards associated
with the event. During enforcement of safety zones, persons and vessels
are prohibited from entering, transitioning through, remaining,
anchoring, or mooring within the zone unless specifically authorized by
the COTP or his designated representative. The Coast Guard may be
assisted by other federal, state, and local agencies in the enforcement
of these safety zones.
Certain safety zones are listed without known dates or times. The
Coast Guard will give notice of the enforcement of these safety zones
by all appropriate means to the effected segments of the public,
including publication of a Notice of Enforcement in the Federal
Register, Local Notice to Mariners, and Broadcast Notice to Mariners.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We conclude that this rule is not a significant regulatory action
because we anticipate that it will not adversely affect the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. These safety zones will only remain effective
and thus subject to enforcement for brief durations annually.
Additionally, the Coast Guard will give advance notice of the
enforcement of these safety zones through means, including Broadcast
Notice to Mariners and Local Notice to Mariners.
2. 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 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. This rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in the location of the safety zones
established by this rule during the enforcement periods.
The regulated areas will not have a significant economic impact on
a substantial number of small entities for the following reasons: the
regulated areas will be of limited size and of short duration; vessels
may safely navigate in all portions around these waterways except for
the areas designated as regulated areas. Additionally, before the
effective period, the Coast Guard will provide advance notice of
enforcement, including Local Notice to Mariners and Broadcast Notice to
Mariners.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
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,
above.
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.
[[Page 48804]]
4. 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).
5. 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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA) (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 establishing safety zones and is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.
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; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 AND 160.5; Pub L.
107-295, 116 STAT. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.943 to read as follows:
Sec. 165.943 Annual events requiring safety zones in the Captain of
the Port Duluth zone.
(a) Safety Zones. The following areas are designated safety zones:
(1) Bridgefest Regatta Fireworks; Houghton, MI. (i) Location. All
waters of the Keweenaw Waterway bounded by the arc of a circle with a
300-foot radius from the fireworks launch site with its center in
position 47[deg]07'28.35'' N, 088[deg]35'01.78'' W.
(ii) Enforcement date and time. This event historically occurs in
mid June. The Captain of the Port Duluth, will establish enforcement
dates that will be announced with a Notice of Enforcement and marine
information broadcast.
(2) Lake Superior Dragon Boat Festival Fireworks; Superior, WI. (i)
Location. All waters of Superior Bay, WI within a 150-foot radius with
its center at 46[deg]43'23.52'' N 092[deg]03'45.19'' W.
(ii) Enforcement date and time. This event historically occurs in
late August. The Captain of the Port Duluth, will establish enforcement
dates that will be announced with a Notice of Enforcement and marine
information broadcast.
(3) Duluth Fourth Fest Fireworks; Duluth, MN. (i) Location. All
U.S. navigable waters of the Duluth Harbor Basin Northern Section
within a 900-foot radius of position 46[deg]46'19.00'' N,
092[deg]06'11.00'' W.
(ii) Enforcement date and time. This event historically occurs
during the 4th of July week. The Captain of the Port Duluth, will
establish enforcement dates that will be announced with a Notice of
Enforcement and marine information broadcast.
(4) Cornucopia Fireworks; Cornucopia, WI. (i) Location. All waters
of the area bounded by a circle with a 300-foot radius surrounding the
fireworks launch site with its center in position 46[deg]51'35.00'' N,
091[deg]06'10.00'' W.
(ii) Enforcement date and time. This event historically occurs the
week before, after or during 4th of July week. The Captain of the Port
Duluth, will establish enforcement dates that will be announced with a
Notice of Enforcement and marine information broadcast.
(5) LaPointe Fireworks; LaPointe, WI. (i) Location. All waters of
Lake Superior bounded by the arc of a circle with a 375-foot radius
from the fireworks launch site with its center in position
46[deg]46'40.10'' N, 090[deg]47'22.00'' W.
[[Page 48805]]
(ii) Enforcement date and time. This event historically occurs
during the 4th of July week. The Captain of the Port Duluth, will
establish enforcement dates that will be announced with a Notice of
Enforcement and marine information broadcast.
(6) Ashland Fireworks; Ashland, WI. (i) Location. All waters of the
Lake Superior bounded by the arc of a circle with a 600-foot diameter
from the fireworks launch site with its center in position
46[deg]35'50.37'' N, 090[deg]52'59.82'' W.
(ii) Enforcement date and time. This event historically occurs
during the 4th of July week. The Captain of the Port Duluth, will
establish enforcement dates that will be announced with a Notice of
Enforcement and marine information broadcast.
(7) Point to LaPointe Swim; LaPointe, WI. (i) Location. All waters
between Bayfield, WI and Madeline Island, WI within an imaginary line
created by the following coordinates: 46[deg]48'50.97'' N,
090[deg]48'44.28'' W, moving southeast to 46[deg]46'44.90'' N,
090[deg]47'33.21'' W, then moving northeast to 46[deg]46'52.51'' N
090[deg]47'17.14'' W, then moving northwest to 46[deg]49'03.23'' N
090[deg]48'25.12'' W and finally running back to the starting point.
(ii) Enforcement date and time. This event historically occurs in
early August. The Captain of the Port Duluth, will establish
enforcement dates that will be announced with a Notice of Enforcement
and marine information broadcast.
(8) Superior Man Triathlon; Superior, WI. (i) Location. All waters
of the Duluth Harbor Basin, Northern Section, including the Duluth
Entry encompassed in an imaginary line beginning at point
46[deg]46'36.12'' N 092[deg]06'06.99'' W, running southeast to
46[deg]46'32.75'' N 092[deg]06'01.74'' W, running northeast to
46[deg]46'45.92'' N 092[deg]05'45.18'' W, running northwest to
46[deg]46'49.47'' N 092[deg]05'49.35'' W and finally running southwest
back to the starting point.
(ii) Enforcement date and time. This event historically occurs in
late August. The Captain of the Port Duluth, will establish enforcement
dates that will be announced with a Notice of Enforcement and marine
information broadcast.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring in this
safety zone is prohibited unless authorized by the Captain of the Port
Duluth, or the designated on-scene representative.
(2) This safety zone is closed to all vessel traffic except as
authorized by the Captain of the Port Duluth, or the designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Duluth, is any Coast Guard commissioned, warrant, or petty officer who
has been designated to act on behalf of the Captain of the Port Duluth.
The on-scene representative of the Captain of the Port Duluth will be
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The
Captain of the Port Duluth, or the designated on-scene 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 Duluth, or the designated
on-scene representative to obtain permission to do so. Vessel operators
given authorization to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port Duluth, or
the on-scene representative.
Dated: July 24, 2013.
A.H. Moore Jr.,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2013-19417 Filed 8-9-13; 8:45 am]
BILLING CODE 9110-04-P